Una defensa de las funciones públicas del proceso. Una discusión a propósito de Alexandra Lahav, In Praise of Litigation (2017)

The article offers a short, reasoned analysis of the public functions performed by civil litigation. It draws upon some arguments developed in an original and analytical way by A. LAHAV’s book, In Praise of Litigation, which represents a political and philosophical defense of litigation, in contrast with common narrative. After presenting the problem in its most general terms as well as some previous comparative accounts of the “social function” of judicial process, we will discuss the nexus between litigation and deliberative democracy (which lies at the heart of the book), framing it into the general philosophical and political coordinates of Lahav’s contribution. Finally, we will be analyzing critically some of the public functions litigation is called to perform in our societies. Specifically, our attention will be focused upon the functions of (a) law enforcement, (b) transparency and (c) participation in self-government.